Iowa County WI Archives Court.....Youlton, Joseph And [Jane James] May 8, 1854
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Nancy Poquette npoq@hotmail.com December 31, 2006, 1:34 am

Source: Univ. Of Wis. At Platteville, Karmann Library, Sw Wisconsin Room, Iowa Series 24, File #130
Written: May 8, 1854
Recorded: September 18, 1854

To the Circuit Court, Iowa County, State of Wisconsin, in Equity
	“Humbly complaining, showeth to this honorable court, your orators, 
James Smitheran and Elizabeth Smitheran, his wife, of the County of Iowa and 
State of Wisconsin: That on the 5th day of November, 1851, Joseph James of 
Dodgeville, Iowa county, WI, by his promissory not of that date, became 
indebted to your orators in the sum of $216 with interest at 12% per annum, 
payable on demand.”

	“And your orators further show that for the purpose of securing the 
payment of the said promissory note and interest thereon, the said Joseph James 
and Jane James, his wife, did on the 5th day of November, 1851, mortgage to 
John Bilkey and his assigns, the following described piece or parcel of land, 
lying and being in the town of Dodgeville, Iowa County, WI, known as the South 
half of Lot #23, fronting 30 feet on the East line of Main Street and extending 
100 feet back in Jabez Wilson’s addition to the town of Dodgeville, aforesaid.”

	“And your orators further show that said indenture of mortgage was duly 
acknowledged by the said Joseph James and Jane James, his wife, before William 
James, esq., a justice of the peace for the county and state aforesaid, on the 
5th day of November, 1851, and was recorded in the officer of the Register of 
Deeds of said county of Iowa on the 8th day of November, 1851 in volume 4th of 
Mortgages on pages 225 and 226, all of which will more fully appear when the 
record of said indenture of mortgage shall be produced.”

	“Your orators further show that on the 8th day of August 1853, the said 
John Bilkey, for a valuable consideration to him in hand paid by James Peters 
of Dodgeville, Iowa County aforesaid, he, the said John Bilkey transferred by 
assignment all his rights, titles and interest of said mortgage and note to 
said James Peters before William James, a justice of the peace, on the said 8th 
day of August, 1853, which assignment was duly recorded the 22nd day of 
October, 1853 in Volume 4th of Mortgages, page 565, all of which will moiré 
fully appear when the record of said assignment shall be produced in court.”

	“Your orators further show that on the 22nd day of October 1853, the 
said James Peters, for a valuable consideration to him in hand paid by 
Elizabeth Smitheran, wife of James Smitheran, for the use of the said James 
Smitheran (the money belonging to him, the said James) then in the state of 
California, the said James Peters transferred by an assignment all his rights, 
titles and interest in said mortgage and promissory note to the said Elizabeth 
Smitheran for the use of her husband James (although his name was not inserted 
on the assignment) before N. B. Bozden, a notary public residing in Iowa 
County, Wisconsin on the 22nd day of October 1853, which last assignment was 
duly recorded on the same day and date last aforesaid in Volume 4th of 
Mortgages, page 565 of Iowa County record of deeds, state of Wisconsin, which 
will more fully appear when the records of said assignment shall be produced.”

	“Your orators further show that the said mortgagee, Joseph James, did 
after the execution and acknowledgement of the said mortgage aforesaid, die in 
California. That he died intestate, leaving three infant children, to wit, 
Elizabeth J., Mary Ann and Joseph James, all under the age of 21 years]; that 
sometime after the death of the said Joseph James, the widow, Jane James 
intermarried with one Joseph Youlton of Iowa County, state aforesaid (all of 
whom your orators pray may be made defendants in this bill of complaint.)

	“Your orators further show that although the said sum of $216 (and 
interest thereon) has become due and payable according to the terms and effect 
of the said promissory note aforesaid, yet no past or portion thereof has been 
paid to the said John Bilkey or James Peters or us, your said orators, or to 
any person for them or either of them, but the whole sum, principal and 
interest mow remains due and unpaid, whereby the said indenture of mortgage was 
and became forfeited and the estate thereby conveyed, became absolute in your 
orators, their heirs and assigns, subject only to the equity of redemption.”

	“And your orators further show that the said defendants enjoy and 
occupy the possession and the rents, issues and profits of the said mortgaged 
premises, and although your orators has separately applied for the payment of 
their said debt and interest, yet the defendants wholly failed and neglected to 
pay the same or any part thereof.”

	“And your orators further show that no proceedings at law have been had 
or instituted to enforce the payment of said debts or interest. In 
consideration whereof, and that the said defendants and their confederates (if 
any there be) when discovered, may make full, true and perfect answers make to 
the several matters stated and set forth in this, his bill in the same manner 
as if they were severally and each specially interrogated thereto, and that the 
said Joseph Youlton, his wife, and Elizabeth J., Mary Ann and Joseph James, and 
Samuel James, infant heirs of Joseph James, may be decreed to pay your orators 
the said sum of $216, together with interest accrued and accruing, and which 
may accrue thereon, and that the said mortgage premises may, by the order and 
decree of this honorable court, be sold and out of the proceeds of such sale, 
that your orators be paid the amount of their said debt and interest, together 
with their costs and charges by them sustained and accrued in this proceeding, 
and that the said defendants and all persons claiming by, through or under 
them, be bared and foreclosed of and from all equity of redemption of, in or 
with the said mortgaged premises and every part thereof, with the appurtenances 
and that the officers who may be directed to sell the same may be empowered to 
make good and sufficient deed or deeds of conveyances in fee to the purchasees 
or purchasers of said premises, and that your orators may have such other and 
further relief in this premises as the nature of this case may permit and 
equity dictate.”

	“May it please this honorable court to grant to your orators this writ 
of subpoena in chancery to be directed to the said defendants, Joseph Youlton, 
Jane Youlton, and Elizabeth J., James, Mary Ann James, and Joseph James, infant 
heirs of Joseph James, deceased, requiring them on a certain day and under a 
certain penalty therein to be expressed to appear before this honorable court, 
then and there to make answers to the premises and to stand to and abide such 
order and decree therein as to this court may seem meet, and shall be according 
to equity and good conscience and your orators will ever pray., and etc. James 
Smitheran and Elizabeth Smitheran by N. B. Bozden, their solicitor.”

“James Smitheran and Elizabeth Smitheran against Joseph Youlton and Jane 
Youlton, Elizabeth James, Mary A. James and Joseph James, infant heirs of 
Joseph James, deceased. In the Circuit Court of Iowa County, WI. In chancery. 
Bill to Foreclose Mortgage. Order by the Court June 22, 1854. This cause 
referred to William R. Smith, Court Commissioner to compute the amount due on 
the mortgage and make report.”

“To the Honorable Montgomery M. Cothren, Judge of the 5th Judicial Circuit of 
the State of Wisconsin. In pursuance of an order of this Court made in the 
above cause, bearing date the 22nd day of June in the year 1854, by which it 
was referred to William R. Smith, Court Commissioner of the County of Iowa 
aforesaid to compute and ascertain the amount due to the complainant for 
principal and interest on the note and mortgage mentioned and set forth in the 
bill of complaint filed in this cause, and report thereon to this court with 
all convenient speed, I William R. Smith, court Commissioner of Iowa County 
aforesaid, residing at Mineral Point in said county, do respectfully certify 
and report;

“That I have computed and ascertained the amount due to the complainant in this 
cause as aforesaid, and that the amount so due on the said note and mortgage 
for the principal and interest up to and including the date of this report is 
the sun of $284.18. And I do further certify and report that the schedule 
hereto annexed marked ‘A’ and making a part of this my report, contains a 
statement and account of the principal and interest moneys due to the 
complainant as aforesaid; the period of computation of the interest and its 
rate; and to which, for greater certainty, I refer, all of which is 
respectfully submitted.” Wm. R. Smith, Court Commissioner, dated June 23, 1854.

Schedule marked ‘A” referred to in the preceding report. Note dated November 
5th, 1851, for the payment of $216, payable on demand with 12% interest; in 
which note is accompanied with a mortgage of the same date, for the same sum of 
money and reciting the said note-	-	-	-	-	-
	-	-	$216.00

	“Interest thereon from November 5th, 1851 to June 22nd, 1854, being 2 
years, 7 months and 17 days at 12 % interest per annum is-	-	-
	$68.18
	Amount due complainant June 23rd, 1854	-	-	$284.18

Plus court commissioner’s fees $4.30”

“Know all men by these presents, that I, the within named John Bilkey, in 
consideration of the sum of  $210 me paid by James Peters, of Dodgeville, the 
receipt whereof doth hereby grant, assign, release and convey unto the said 
James Peters, the premises within conveyed to me, Mortgage and all my right, 
title, interest and estate, in and to the same, to have and to hold the same, 
to the said James Peters, his heirs and assigns to___ is and their sole use 
forever.  John Bilkey. In witness whereof I have set my hand and seal this 8th 
day of August, 1853. Sealed and delivered in presence of William James, 
Elizabeth James.”

“Mineral Point, October 22nd, 1853. $29.35
	“For and in consideration of $249.35, I, James Peters, the assignee of 
the within mortgage, do hereby assign all my rights, title and interest and 
estate and to this mortgage, unto Elizabeth Smitheran, to have and to hold the 
same in the same manner as the original mortgage could of right, do.” James 
Peters. In presence of N. B. Bozden.

James Smitheran vs. Joseph Youlton, et al. In chancery, foreclosure of mortgage.
	“The answer of Elizabeth J. James, Mary A. James and Joseph James, 
infants under the age of 21 years, by Almanson Eaton, their guardian, ad litum, 
three of the defendants to the bill of complaint in the above entitled cause.”

	“These defendants answering by their said guardian said that they are 
strangers to al and singular the matters and things contained in the said bill 
of complaint, and that these defendants are infants under the age of 21 years, 
and claim such inferred in the premises as they are entitled to and submit 
their interest to the protection of this Honorable Court.” Elizabeth J. James, 
Mary A. James, Joseph James, by Almanson Eaton, their guardian ad litem.”

Circuit Court of Iowa County, Wisconsin
	“To the sheriff of said county, greeting. You are hereby commanded to 
summon Joseph Youlton, Jane Youlton, Elizabeth J. James, Mary Ann James and 
Joseph James, infant heirs of Joseph James, deceased, if they shall be found in 
your county, personally to be and appear before the Judge of the Circuit Court 
in and for said county of Iowa at the Courthouse in Mineral Point in said 
county on the 8th day of May, 1854 at 12 o’clock noon of said day to answer the 
matters and things contained and set forth in a certain bill of complaint in 
chancery for the foreclosure of mortgage exhibited against them on the chancery 
side of our said court by James Smitheran and Elizabeth Smitheran and further, 
to do and receive whatever our say Court may then and there consider in this 
behalf and this they shall in no wise omit and have you then and there this 
writ. Witness the Honorable M. M. Cothren, Judge of our said Court at Mineral 
Point.”

	“I hereby certify that I duly served the within subpoena by reading the 
same, Jane Youlton, one of the within named defendants and also giving her a 
true copy thereof, this 26th day of April, 1854. I further return make, that I 
have been unable to find Joseph Youlton in my bailiwick and I believe he is not 
a resident of the state of Wisconsin at this date. So answers Charles N. 
Mumford, Sheriff.”

Circuit Court in Chancery
Iowa County, state of Wisconsin

To the Honorable Circuit Court in and for said County of Iowa, in Chancery:
	“The report of Charles Mumford, sheriff of said county of Iowa 
respectfully showeth that pursuant to, and by virtue of the decree of this 
honorable court in the case of James Smitheran and Elizabeth Smitheran, 
complainants, and Joseph Youlton, Jane Youlton, Elizabeth James, Mary A. James, 
ad Joseph James, infant heirs at law of Joseph James, deceased, defendants, 
made and filed the 24th day of June, 1854. I did, on the 28th day of June 1854, 
and for six successive weeks thereafter, cause to be published in the “Mineral 
Point Democrat, a weekly newspaper published at Mineral Point in said county, 
an advertisement notifying and announcing that I would, on the 12th day of 
August 1854 at 2 o’clock p.m. of said day, at the front door of the Courthouse 
in the village of mineral Point, in said county, offer for sale at public 
vendue for cash in hand, the real estate in said decree mentioned and ordered 
to be sold, to wit: 

“The following described piece or parcel of land situate in the town of 
Dodgeville, County of Iowa and Wisconsin, known as the South half of Lot. No. 
23, fronting 30 feet on the east line of Main Street, and extending 100 feet 
back as laid off and platted in Jabez Wilson’s Addition to town of Dodgeville, 
county and state aforesaid. As per proof of publication of notice herewith 
returned and made a part of this report. And I did, on the said 12th day of 
August 1854, at the hour and place in said notice mentioned, in pursuance of 
said decree and notice, offer the afore described real estate for sale at 
public vendue for cash in hand to the highest and best bidder, and did strike 
off and sell the said real estate a herein before described to James Smitheran 
of Dodgeville, Iowa County, Wisconsin for the sum of $284 dollars, he being the 
highest and best bidder, and that being the highest, did made for said real 
estate at said sale.”

“That that said sum of $284.00 was the whole consideration bid for said 
premises at said sale and that the same has been paid by the said James 
Smitheran. Also that the said amount was the amount of the decree aside from 
interest and costs.”

“I further report that my fees and disbursements in and about the said 
advertisement and sale are $18.35 as per fee bill and vouchers herewith 
returned and made report. And I have paid over to complainant for N. B. Bozden, 
for him, the solicitor of the said complainant the whole amount of purchase 
money after deducting my fees and disbursements, to wit, the sum of $230.00 as 
per receipt of solicitor’s herewith returned and made a part of this report.”

“I also report that upon the payment of the said purchase money by the said 
James Smitheran, I executed and delivered unto him a deed of conveyance of the 
premises herein before described.”

“All of which is respectfully submitted to this Honorable Court with the humble 
prayers of the undersigned that this, his report, be accepted and the said sale 
be confirmed.” Charles Mumford, Sheriff of Iowa Co., WI

“Received, Mineral Point Sept. 18, 1854, from C. N. Mumford, Sheriff of Iowa 
County, the sum of 230 dollars in full for the amount due the complainants on 
the within mentioned decree in this case. N. B. Bozden, solicitor for 
complainants and purchasers.”

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